This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New Hampshire Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree On Remarriage Of Plaintiff?
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FAQ
New Hampshire statute 4, Orders for Support of Spouse, states that "If either spouse is living apart from the other without justifiable cause or willingly absents himself or herself from the other, the superior court, upon his or her petition, or if insane by his or her guardian or next friend, may issue orders ...
As a rule, a support recipient's second marriage or new common-law relationship does not automatically terminate spousal support. The exception to that rule is where an existing court order or separation agreement specifically says remarriage or cohabitation by the support recipient will end payments.
Remarriage does not mean automatic termination of spousal support, but support is often reduced or suspended or sometimes even terminated. Compensatory support is often treated differently from non-compensatory support. Much depends upon the standard of living in the recipient's new household.
If your spousal support obligation is compensatory in nature, your ex-spouse's remarriage is unlikely to affect your continuing financial obligation to them. In general, it is fair to say that the effects of remarriage are more significant on needs-based support than with compensatory or contractually based support.
In order to remarry, you must be legally divorced. You cannot simply be separated, even if you have signed a separation agreement. To be legally divorced, you need to have been separated for one-year (in most cases) and apply for a Divorce Judgement through the Court of Queen's Bench.
8 Ways to Avoid Getting and Paying Spousal Support in Canada 1) Ensure Good Settlement Agreement. ... 2) Maintain the Standard of Living. ... 3) Quicken and Secure the Divorce. ... 4) Prove Spouse Adultery. ... 5) Show The Lack of Needing Support. ... 6) Bring Up a Previous Agreement. ... 7) Note Personal Financial Hardship. ... 8) Request Modification.
Often, spousal support will last for between six months and one year for every year you were married or lived together. But if you were married for a long time and you're older when you separate, spousal support might not have an end date. The end date would be decided later, maybe after you (usually the payor) retire.
New Hampshire's laws To receive alimony, your spouse must prove they have substantial need for your support. They will likely meet this threshold if they cannot make ends meet or maintain your marital lifestyle without your help. In most cases, any support you provide will only last half the length of your marriage.